‘Fast and Furious’ Documents: Executive Privilege Only Applies If the President Was Personally Involved

This morning, the White House asserted executive privilege over documents related to Operation ‘Fast and Furious,’ per Attorney General Eric Holder’s request. Following this move, Judge Napolitano warned that we may be on the “precipice of a constitutional confrontation between the Executive Branch, the White House, and the Congress.”

Executive privilege, in its definition, provides protection over communications with the president himself, according to the judge. The letter sent by Eric Holder requesting executive privilege does not detail a discussion with the president, but Judge Napolitano said, “The implication is there.”

“If the attorney general sat down and discussed it with the president, he probably doesn’t want the Congress and the public to know that,” Napolitano said.